Allowed¶25

Thanjammal v. v. Panjalai

Madras HC3 Sept 2025CMP/21711/2025

Case brief

AI extract

What is this about?

Condonation of delay; Section 5 Limitation Act; abatement of appeal; death of appellant; 1509 days delay; S.A.No.195 of 2020; CMP.No.21711 of 2025; Madras High Court; K. Rajasekar J.; order dated 03.09.2025; petition allowed; respondents' counsel no objection; second appeal Madras.

What did the court decide?

Delay of 1509 days in filing the petition to set aside the abatement caused by the death of the 2nd appellant, late Jayaraman, in S.A.No.195 of 2020 is condoned. ¶25

Thanjammal Vs v. Panjalai — Madras HC (2025) — LawSathi Research

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CMP.No.21711 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 03.09.2025

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CORAM

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THE HONOURABLE MR. JUSTICE K.RAJASEKAR

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CMP.No.21711 of 2025

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S.A.No.195 of 2020

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1.Thanjammal Jayaraman (died) 2.Rani 3.J.Siva 4.J.Kannan 5.Vanaja ...Petitioners Vs.

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1.V.Panjalai 2.V.Perumal 3.V.Kandan 4.V.Sudhakar ...Respondents Prayer :

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Civil Miscellaneous Petition is filed under Section 5 of the Limitation

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Act, to condone the delay of 1509 days in filing the petition to set aside the abatement caused due to the death of the 2^nd appellant late Jayaraman in the above S.A.No.195 of 2020.

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For Petitioners : M/S.R.Arthi For Respondents : Mr.G.Jermiah

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ORDER

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Page No. 1 of 3

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https://www.mhc.tn.gov.in/judis

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CMP.No.21711 of 2025

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This petition has been filed to condone the delay of 1233 days in filing

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the petition to set aside the abatement caused due to the death of the 2^nd appellant late Jayaraman in main appeal.

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According to the petitioners, the death of the 2^nd appellant was only

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recently intimated to the counsel, as the deceased appellant was earlier contested the appeal, she was not able to contact and inform the counsel on record. It was only belatedly, when the counsel for the appellant contacted the petitioners that they came to know about the steps to be taken. Consequently, they have filed this petition to set aside the abatement. There is also a delay of

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1509 days in filing this petition.

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3.Mr.G.Jermiah, learned Counsel entered appearance for the

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respondents and he expressed that he has no objection for this petition being allowed.

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The reasons adduced in the affidavit filed in support of this petition being satisfactory, this petition is ordered and thereby, the delay of 1509 days is condoned.

03.09.2025

mpa

K.RAJASEKAR, J.

mpa

____________Page No. 2 of 3

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https://www.mhc.tn.gov.in/judis